web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Janasena Party Vs SEC AP and 2 Ors on 21 May 2021

Posted on May 27, 2021 by ShadesOfKnife

Another slipper shot given to the State Elections Commissioner, who had been a stooge of the Chief Minister of AP.

The language of the judgment is clear that respondent No.1 herein was directed to re-impose MCC for four weeks before the notified date of polling. Instead of following the direction, respondent No.1 who took charge of the office on 01.04.2021, took decision to resume election process of MPTC/ZPTC in utmost haste even without looking into the order passed by the Hon’ble Supreme Court in W.P. (Civil) No.437 of 2020. The main grievance of the petitioners is that on account of issue of such election notification impugned in the writ petition without providing appropriate opportunity to make preparation campaigning in the elections by the contesting candidates, more particularly candidates of the petitioner in W.P.No.7847 of 2021, thereby the procedure adopted by respondent No.1 did not provide fair opportunity to contest in the election process to the candidates of the petitioner in W.P.No.7847 of 2021 and it is in violation of constitutional right, as held in Rajabala case (referred supra).

Indisputably, a direction was issued by the Supreme Court for re-imposing MCC for four weeks before the notified polling date. In fact, MCC is the Code for holding free and fair elections, which is the basic foundation for democracy. On account of hasty decision taken by respondent No.1, dishonouring the direction with scant respect, the petitioners candidates were disabled to take part in the elections effectively with readiness and the impugned notification scuttled the level play field to the contesting candidates of petitioners in W.P.No.7847 of 2021. The sudden narcissistic decision taken by respondent No.1, without looking into the order of the Hon’ble Supreme Court, would cause irreversible consequences and irreparable injury to the candidates of petitioner in W.P.No.7847 of 2021 to participate in the election process. The explanation offered in the counter filed by the Secretary of respondent No.1 is that the four weeks time is maximum time for re-imposing MCC and the State Election Commission can reduce the period of MCC. Therefore, based on the understanding of respondent No.1, notification impugned in the writ petitions was issued.

Secretary of respondent No.1 filed the counter. State Election Commissioner, who is the Constitutional authority, did not file verified counter for the reasons best known to her, who took a decision in utmost haste to resume the election process for MPTC and ZPTC on the day when she took charge of her office after retirement having enjoyed the extension of service for six months in the same Government as Chief Secretary. The State Election Commission did not explain as to how she could understand the direction of the Hon’ble Supreme Court.

In the present case, instead of reading the judgment of the Supreme Court in W.P. (Civil) No.437 of 2020, learned State Election Commissioner interpreted the judgment on her own and concluded that the four weeks time prescribed in the order is outer limit i.e. maximum period of MCC, thereby the State Election Commissioner can reduce it. Such interpretation by misreading or misunderstanding of order is totally misplaced and it is nothing but purposive interpretation, such interpretation cannot be accepted by any stretch of imagination in view of the law declared by the Supreme Court in the judgments (referred supra). Therefore, explanation offered by the Secretary to respondent No.1 in his counter is unacceptable.

The order passed by the Supreme Court in W.P.(Civil) No.437 of 2020 is clear and categorical. On reading the said order, even a common man who can read, write and understand the English language can easily find out the direction issued by the Supreme Court in the order. But, here the State Election Commissioner, who worked as Chief Secretary to the State being a senior most retired IAS Officer, could not understand the simple direction issued by the Hon’ble Supreme Court in right perspective, which creates doubt as to her suitability and fitness to the post of Election Commissioner.

The present State Election Commissioner issued notification impugned in the writ petition on the day when she took charge of the office even without looking into the purport of the order issued by the Supreme Court in W.P.(Civil) No.437 of 2020. It is an undisputed fact, such understanding of the Election Commissioner of the State is contrary to the directions issued by the Supreme Court. Obviously, such notification was issued limiting the MCC for a minimum period from 01.04.2021 till declaration of results as per schedule i.e. 10.04.2021, even without looking into the direction issued by the Supreme Court and such notification would scuttle the level play field of political parties and their candidates in the proposed election to be held on 08.04.2021. Such act of respondent No.1 can be described as democratic backsliding, it is also known as autocratization and de-democratization. It is a gradual decline in the quality of democracy and the opposite of democratization, which may result in the State losing its democratic qualities, becoming an autocracy or authoritarian regime. Democratic decline is caused by the state-led weakening of political institutions that sustain the democratic system, such as the peaceful transition of power or electoral systems. Although these political elements are assumed to lead to the onset of backsliding, other essential components of democracy such as infringement of individual rights and the freedom of expression question the health, efficiency and sustainability of democratic systems over time. One of the reason for such democratic backsliding is executive aggrandizement. The most important feature of executive aggrandizement is that the institutional changes are made through legal channels, making it seem as if the elected official has a democratic mandate. Some examples of executive aggrandizement are the decline of media freedom and the weakening of the rule of law (i.e., judicial and bureaucratic restraints on the government), such as when judicial autonomy is threatened.

Another reason for democratic backsliding is strategic harassment and manipulation during elections. This form of democratic backsliding entails the impairment of free and fair elections through tactics such as blocking media access, disqualifying opposition leaders, or harassing opponents. This form of backsliding is done in such a way that the elections do not appear to be rigged and rarely involves any apparent violations of the law, making it difficult for the Election observer to observe these misconducts. As such, the act of the respondents is nothing but democratic backsliding.

Normally, the IAS officers, who are working and achieved excellence in the career with their brilliance, were posted in the rank of Principal Secretary and above to look after the entire administration in the State and expected to act fairly and freely without any fear or favour; though worked in particular Government, they are being appointed in key posts such as State Election Commissioner since they possessed knowledge vested with power. Based on such brilliance and knowledge, the State Election Commissioner could not understand the purport of the order passed by the Full Bench of the Hon’ble Supreme Court, obviously for the reasons best known to the State Election Commissioner. The present situation is fine example of  democratic backsliding. The understanding of the order of the Full Bench of the Hon’ble Supreme Court by respondent No.1 or by Secretary to respondent No.1 is not based on any reasoning, except non-application of mind by the concerned authority. The State Election Commissioner did not care even the direction issued by the Full Bench of the Hon’ble Supreme Court by over-reaching the order, made the direction lifeless and the direction became redundant. Hence, the contention of the learned senior counsel for respondent No.1 is hereby rejected. Accordingly, I hold that the impugned notification was issued in deliberate and intentional violation of the direction dated 18.03.2020 issued by the Supreme Court in W.P. (Civil) No.437 of 2020, which is in the nature of direction issued under Article 142 of the Constitution of India, and the same is binding on the State. The first respondent being constitutional authority is expected to maintain rule of law and act within the sphere of constitutional authority, but acted in clear defiance of the directions with almost disrespect to the order of the Hon’ble Supreme Court. Consequently, the notification impugned in the writ petitions is liable to be set aside. Accordingly, the point is answered in favour of the petitioners and against the respondents.

Janasena Party Vs SEC AP and 2 Ors on 21 May 2021
Post Views: 707

Shades of Knife


Legal Disclaimer:

The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state. Take this ideas to your legal Counsel and work out your remedies.

Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can mask/redact content (like names of parties from cause title) from the Judgments posted on my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express direction from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal Partner team aspires to deliver time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in (We are live!!!)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Janasena Party Vs SEC AP and 2 Ors Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
soulefacts Oxomiya Jiyori 🇮🇳 @soulefacts ·
6 Jul

The journalist was trying to mislead the woman, but her reply left him shaken.

What the woman said about Akhilesh Yadav reflects the fear shared by all the women of the state.

He intends to hack EVMs in the 2027 elections!

Akhilesh has employed host of caste based biased

Reply on Twitter 2074120163860090993 Retweet on Twitter 2074120163860090993 372 Like on Twitter 2074120163860090993 818 X 2074120163860090993
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
adityadharfilms Aditya Dhar @adityadharfilms ·
6 Jul

Happy Birthday, Ranveer Singh. ❤️

Some films stay with you forever. Dhurandhar will always be one of those films for me. Not just because of the story we told but because I got to witness something very few directors ever get to witness.
I’ve always known you’re an extraordinary

Reply on Twitter 2074037994550591828 Retweet on Twitter 2074037994550591828 4553 Like on Twitter 2074037994550591828 46059 X 2074037994550591828
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
thebetterindia The Better India @thebetterindia ·
6 Jul

Presenting the first episode of The People's Officers—stories of officers transforming lives beyond the call of duty.

What if the next global superfood was already sitting in our kitchens?

When IAS officer Aojasvi Raj took charge in Ballia, he transformed the district's fading

Reply on Twitter 2074146082234552657 Retweet on Twitter 2074146082234552657 97 Like on Twitter 2074146082234552657 438 X 2074146082234552657
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
itdp_official iTDP Official @itdp_official ·
5 Jul

MaviGUN తో @YSRCParty ఖాళీ అయిపోయింది ..

95% ప్రజలు మళ్లీ తెలుగుదేశం గెలవాలని కోరుకుంటున్నారు ..

వైసీపీ వాళ్ళే @ysjagan కి పిచ్చి పట్టిందా ..

రోడ్డు మీద తిరగడానికి లేకుండా చేస్తున్నాడని తిట్టుకుంటున్నారు ..

#2029KutamiOnceAgain #YSRCPNeverAgain #AndhraPradesh

Reply on Twitter 2073840706985263131 Retweet on Twitter 2073840706985263131 108 Like on Twitter 2073840706985263131 474 X 2073840706985263131
Load More

Recent Posts

  • A.S.S.K.Durga Prasad Vs NCDRC and Ors on 24 Jun 2026 July 7, 2026
  • Application for Permanent Exemption from Appearance – Format, Procedure & Sample Draft July 7, 2026
  • Passport Implications in 498A Cases – A Complete Practical Guide July 7, 2026
  • Ayush Bajpai Vs State of U.P. and Ors 25 Jun 2026 July 6, 2026
  • Mohanlal Shamij Soni Vs UOI and Anr on 22 Feb 1991 July 6, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice – Format with Legal Explanation (5,018 views)
  • Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026 (3,557 views)
  • Umme Farva Vs State of U.P. and Anr on 14 Jan 2026 (3,475 views)
  • Charge Sheet and Final Report Explained (2,943 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (2,304 views)
  • Neha Lal Vs Abhishek Kumar on 20 Jan 2026 (2,098 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (2,032 views)
  • Discharge Application Format in 498A Case – Draft, Procedure & Sample Template (1,869 views)
  • Can You Travel Abroad After an FIR Is Registered? – Legal Position Explained (1,808 views)
  • Life Cycle of a Perjury Case (1,688 views)

Tags

Reportable Judgement or Order (434)2-Judge (Division) Bench Decision (420)Legal Procedure Explained - Interpretation of Statutes (385)Landmark Case (382)1-Judge Bench Decision (366)Catena of Landmark Judgments Referred/Cited to (297)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (91)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under 340 CrPC (66)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (62)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)HM Act Sec 13 - Divorce Granted to Husband (42)Divorce Granted on Cruelty ground (42)Legal Terrorism (41)Abuse Or Misuse of Process of Court (40)

Categories

Supreme Court of India Judgment or Order or Notification (756)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (329)High Court of Andhra Pradesh Judgment or Order or Notification (187)High Court of Delhi Judgment or Order or Notification (164)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (95)Legal Procedure (82)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (62)LLB Study Material (59)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (51)High Court of Kerala Judgment or Order or Notification (47)Judicial Activism (for Public Benefit) (47)Prakasam DV Cases (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (28)

Recent Comments

  • eCourts India on Compromise-Based Quashing in Matrimonial Cases – Complete Legal Strategy
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • ShadesOfKnife on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
  • KONURU VINAYKUMAR on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)

Archives of SoK

  • July 2026 (10)
  • June 2026 (19)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Cloudflare Storage Maintenance July 16, 2026
    THIS IS A SCHEDULED EVENT Jul 16, 12:00 - 13:00 UTC Jul 6, 22:38 UTC Scheduled - Cloudflare has scheduled maintenance for our backend storage systems. Services will continue to operate normally, but customers will be unable to create/delete/modify Client-Side Security settings via the Dashboard or the public API for a period of up to […]
    Cloudflare

RSS List of Spam Server IPs from Project Honeypot

  • 192.3.198.6 | HS July 7, 2026
    Event: Bad Event | Total: 913 | First: 2025-05-27 | Last: 2026-07-07
Owned and Operated by Advocate Sandeep Pamarati and Advocate Suprajaa Rajan
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1349 access attempts in the last 7 days.

pixel